As deaths and injuries abound, news stories regarding America’s opioid epidemic flood our screens. According to the Centers for Disease Control and Prevention, the amount of prescription opioids dispensed in the US over the past twenty years has nearly quadrupled, with opioids being the cause of the majority of drug overdose deaths during that period.[1]
What are opioids? A class of drugs used for pain management, the most commons types are: 1) prescription opioids like oxycodone, hydrocodone, morphine, and methadone, 2) fentanyl, a legal synthetic opioid, and 3) heroin, an illegal opioid.
The opioid issues in these news stories eventually leak into our workplaces and both broadly and specifically affect our workforces. This article briefly delves into the various ways in which opioids affect our employment compliance and human concerns, as well as recommendations for addressing them.
Employment Compliance Concerns
Workers in various industries are prescribed legal opioids for many illnesses or acquire them illegally for their euphoric effects. As these substances present unique employee challenges, employers must be mindful of the various employment-related statutes they interface.
Americans With Disabilities Act (ADA)
Employees currently using illegal drugs (like opioid heroin) are not covered by the ADA’s provisions, and employers may comfortably enforce their drug and alcohol policies prohibiting drug use in the workplace. Generally speaking, drug users may also be held to the same behavioral and performance standards as non-users.
However, employers should note that that ADA may apply to recovering addicts who are no longer using illegal drugs. Most important, however, is that employers engage in the ADA’s interactive process with individuals needing accommodations and do not discriminate against those that have a disability, a record of such disability, or that have been regarded as or perceived as having a disability (e.g. a drug addiction).
Family Medical Leave Act (FMLA)
The FMLA provides, in certain circumstances, that employees may take medical leave for drug treatment if it is for a) a serious health condition, b) for inpatient care, or c) continuing treatment. If a health care provider administers the treatment, or makes referral for such treatment, FMLA leave may aid in combating opioid addiction in your workforce and aiding employees in returning to work.
Workers Compensation
Workplace injuries are often treated with opioids, which account for increasing drug costs in such claims. As workers compensation treatments may introduce workers to opioid medications with which they are unfamiliar, there is a heightened possibility for misuse. As such, this increased opioid use ups the potential for surges in employee injuries associated with the use of such drugs or work-related injuries that are initiated to procure such drugs.
Recommendations
Opioids present a large-scale liability comprised of multiple facets. Opioid use and abuse affects workplace attendance, employee culture, and worker safety.
As costs for prescription drugs and substance abuse treatment programs soar, the National Safety Council, a nonprofit health and safety group, makes the following recommendations for employers to get in front of the issue:
- Recognize prescription drugs impact the bottom line (affecting worker safety and insurance and productivity costs);
- Enact strong company drug policies (specifically addressing prescription drug abuse);
- Expand drug panel testing to include opioids (based on business necessity and in compliance with the ADA);
- Train supervisors and employees to spot the first signs of drug misuse (and on an employer’s policies and procedures for reporting and addressing);
- Treat substance abuse as a disease (deserving of medical information’s confidentiality);
- Leverage employee assistance programs to help employees return to work.[2]
For more specifics on this topic, the Substance Abuse and Mental Health Administration (https://www.samhsa.gov/) maintains multiple fact sheets on prescription drug-related issues. The Occupational Safety and Health Act also established the National Institute for Occupational Safety and Health (NIOSH) as a workplace safety research agency that maintains multiple related resources (https://www.cdc.gov/NIOSH/). Please contact Soule Employment Law Firm at 984-242-0771 regarding other issues surrounding opioids in your business.
Legal Disclaimers: Jenny Sweet is licensed in the state of North Carolina. This article discusses general principles of North Carolina and federal law. It should not be considered legal advice for a particular factual setting and does not create an attorney-client relationship.
[1] See https://www.cdc.gov/drugoverdose/opioids/index.html.
[2] See http://www.nsc.org/learn/NSC-Initiatives/Pages/prescription-painkillers-for-employers.aspx.